The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 32517 of 2024 Ramesh Chandra Sahu ..…... Petitioner(s) Mr. Sanatan Das, Adv. -Versus- State of Odisha & Ors. ……. Opposite Party (s) Ms. Gayatri Patra, ASC Mr. Bijaya Kumar Dash, Sr. Adv. along with associate (for O.P. No.4) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI
Decision
ORDER 14.11.2025 1. This matter is taken up through hybrid arrangement. 2. The present Writ Petition has been instituted by the Petitioner seeking, inter alia, the following relief: from evicting or dispossessing “It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to admit the Writ Application and issue a Rule Nisi calling upon the Opposite Parties to show cause as to why they should not be restrained the Petitioner from the land presently under his occupation, situated in District Khurda, Mouza–Bijipur, Khata No.300, Plot No.630, without adherence to the due process of law; and if the Opposite Parties fail to show cause or show insufficient cause, the Rule Nisi be made absolute and the Writ Application be allowed. The Order No. 01. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 18-Nov-2025 12:27:10 2 Petitioner further prays that this Hon’ble Court may be pleased to pass such further order(s) as may be deemed fit and proper in the interest of justice.” 3. Learned counsel for the Petitioner submits that the Petitioner is in occupation of Plot No.630 under Khata No.300, which is admittedly Government land. It is stated that the Petitioner’s father had been carrying on a small trade of selling tea and tiffin on the said land since the year 1952. However, the Bhubaneswar Development Authority (BDA), without any lawful authority over the said has issued notice for eviction. 4. The present Writ Petition has been instituted by the Petitioner invoking the extraordinary jurisdiction of this Court under Articles 226 of the Constitution of India, praying for issuance of an appropriate writ, more particularly a Rule Nisi. The Petitioner beseeches this Court: “to graciously admit the writ application and issue a Rule Nisi calling upon the Opposite Parties to show cause as to why they shall not be restrained from evicting or dispossessing the Petitioner from the land presently under his occupation, being Plot No. 630 under Khata No. 300 of Mouza–Bijipur in the district of Khurda, without adherence to the due process of law. It is further prayed that in the event the Opposite Parties fail to show cause, or show Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 18-Nov-2025 12:27:10 3 cause insufficient in the eye of law, the Rule Nisi may be made absolute, the writ application allowed, and such other order or orders be passed as this Hon’ble Court may deem fit, proper, and consonant with justice.” 5. Learned counsel for the Petitioner, with considerable vehemence, contends that the Petitioner has been in long- standing occupation of the aforesaid Plot No. 630 which is a Government land, and the Petitioner’s father had commenced a small business of selling tea and tiffin upon the said land as far back as the year 1952. It is urged that, notwithstanding this long history of possession, the Bhubaneswar Development Authority (BDA), without any semblance of right, title, or lawful authority over the said parcel of Government land, is attempting to evict the Petitioner. Counsel further points out that an encroachment proceeding was indeed initiated in the year 2019, leading to imposition and realization of a fine, which, according to the Petitioner, regularized the continued occupation. 6. It is further asserted on behalf of the Petitioner that on 20.06.2024, certain officers of the BDA, accompanied by a private contractor, allegedly visited the spot and issued threats to demolish the boundary wall erected by the Petitioner and forcibly evict him from the site. This has compelled the Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 18-Nov-2025 12:27:10 4 Petitioner to seek the protective intervention of this Court to prevent arbitrary dispossession. 7. Per contra, learned counsel appearing for the Bhubaneswar Development Authority, on the basis of instructions and the report submitted pursuant to the order of this Court dated 29.10.2025, states that two officers of the Authority conducted an on-site inspection. The inquiry revealed that the land in question is situated immediately adjacent to NH-16, lying between the National Highway and the under-construction Tamando Mini Stadium of the BDA. It has been categorically reported that the land is presently overgrown with bushes and that there exists no trace whatsoever of any shop, structure, or commercial activity. The kissam of the plot stands recorded as Gochar under the category Rakhita Anabadi, indisputably establishing its character as Government land reserved for communal purposes. 8. Having given anxious consideration to the rival submissions and upon perusal of the materials placed on record, this Court is of the considered view that the land being Government property and the Petitioner having no vestige of lawful entitlement thereto, his occupation can only be characterized as encroachment. In such circumstances, the Bhubaneswar Development Authority, being the statutory body entrusted Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 18-Nov-2025 12:27:10 5 with regulatory and developmental responsibilities, is fully within its lawful bounds to reclaim encroached Government land. However, in the interest of fairness, the Central Enforcement Monitoring Committee (CEMC) is directed to undertake a fresh verification of the land in question in the presence of the Petitioner. Should the Committee, upon such verification, find that the Petitioner has indeed encroached upon Government land, the competent authorities shall be at liberty to initiate and carry out appropriate coercive measures for eviction and restoration of the land to the State, strictly in accordance with law. 9. In view of the foregoing discussion, the Writ Petition stands dismissed. 10. Interim order, if any, passed earlier stands dismissed. Murmu ( Dr. Sanjeeb K Panigrahi) Judge Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 18-Nov-2025 12:27:10